The person commanded by the writ shall bring the detained person according to the command of the writ unless it is made to appear by affidavit that because of sickness or infirmity such person cannot be brought before the judge without danger to his health. If the judge is satisfied of the truth of the affidavit he may proceed and dispose of the case as if the party had been produced, or the hearing may be postponed until the party can be present.
History: Created 1962 Ky. Acts ch. 234, sec. 25.

Terms Used In Kentucky Statutes 419.080

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
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